Patna High CourtCR. MISC./55056/2016dismissed

Santosh Kumar Yadav @ Santosh Kumar @ Suraj Samrat v. The State Of Bihar

2017-01-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55056 of 2016 Arising Out of PS.Case No. -701 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Santosh Kumar Yadav @ Santosh Kumar @ Suraj Samrat, son of Bhuvaneshwari Yadav, resident of Village- Mahamadpur, P.S.- Nauhatta, District- Saharsa, at present resident of Sant Nagar, Ward No.15, Gangjala, P.S.- Saharsa, District- Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The application is for grant of regular bail in connection with Saharsa P.S. Case No. 701 of 2016 registered for offences under sections 413, 414, 420, 34 of the Indian Penal Code and section 25(1-B)A, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that though there is an allegation against him that two loaded country made pistols, one empty magazine, three live cartridges etc. were recovered from his house and the petitioner is in custody for more than five months.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail of the petitioner. Having heard both sides. In view of the fact that there

Patna High Court Cr.Misc. No.55056 of 2016 (3) dt.30-01-2017 2/2 is an allegation against the petitioner that the aforesaid incriminating materials were recovered from his house and he has criminal antecedent, as such, this Court is not inclined to grant bail to him at this stage. However, he may move for bail after framing of the charge in this case and the court below is directed to commit the case, if already not committed, and expedite the trial. With the above observation, this petition is dismissed.

(Vinod Kumar Sinha, J) Mahesh/- U T